The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-11-13

and Campbell.
On Saturday morning, the case OF the
People VS.. James Bagley was concluded.
Several witnesses testified to Carl
sons reputation as to truth and vera
city, that it was questionable. The de-
fendent then told his own story, to the
effect that Moran and Campbell were
owing him considerable; there were
several hundred dollars due; l was the
means of bringing Moran from Penn
syIvania, and he was owing me ABOUT
| 1865: also had some due from coal
inter ests; Campbell had my tools, ana
was 10 pay me for the use OF them ana ~
cents per ton for my portion or the coal;
! | vas disabled and Moran anu camp
bell took the working of the mlne OH
nay hanCs; Moran had his family there,
and they undertook to run things them
! selves. I went into the cabin on the
1lth of August, as l was fond OF playing
with the children, and they were always
yery kind to me. ! told Campbell then
that he ought to have the sheds full OF
coal by thar time. he then told me to
g, I out saving b.; would open my bloody
CUTS with a pick il l didn't; Moran
came I'D and said, "Get out OF here, or
III send you to hell cross lots" then
asked them TO settle with me, but they
refused. On the 2Ist l was there when
they went of to work and when they
came back in the afternoon about 4
O'Clock, was sitting on the front door
step and they told me 10 80, saying the
second time Damn You, yCu must go.
i. | was sitting on the bu0k when Burn
sides came IN and sat down near me !;
| Campbell came in and threw book
| down on the table, and L was watching
! MIN. thinking he was going 10 pay me |;
| i'll fifteen minutes Moran came In and
stepped in between me and FURNISHES
/ saying, "Oh, you s. of 3 b. IL knock
YOUR head off," Burnsides then put his
hand on Inc and pushed me back, L put
nv hand in my pocket and tried TO get
my pistol out, but he prevented me at
| first; they all got hold of me, and 1t was
during the scuff1e that the pistol went
! off; Burnsides went in several times TO
get q gun to shoot me, but the women
| would not let him have it; they kicked
and mauled me about, then all went
| out put BQrnsides, whom they
shut up with me in the house;
when | was walking down next morn
ing, they gave me a good kicking; l
told Carlson l wanted nothing to do
with h1m; Burnsides told me to go to
he'll, they paw me for nothing; | went
! from the mine to Fairriew, next morn
| ing; | dared not 90 back there, they
were thres teniug to kill me all the time;
! Carlson took me there and delivered
| me up,
In answer to questions the defendant
| said his age was about 10, born in 1915,
! wear before the battle of Waterloo; lost
my right hand last January: the bunk
was about fourteen inches high that
was sitting on. Q--Had Peter Moran
made any threats TO your life, or
threatened your life within two
weeks prior to the shooting? Al!
the time [ was in there, from
| the 18th to the shooting. he was always
talking about shooting my head oil; he
(Moran) threatened my life on the l4th
or 18th, and went in for his gun two or
three times and the women prevented
| him.
Defendant said that his eyesight was
bad when be lost his hand it affected
his eyes and ears; Il piece OF board
struck him on the hand.
Cross-examined-M ca statement
before Sven Nielsen in tAe preliminary
member, it was the same as here.
w. K. REID Heard the examination
before Nielsen; The defendant said
| then that Moran struck defend
ant in the mouth prior 10 the
shooting; then he asked for settle
ment, and Moran said in threatening
manner, and with oaths: IN give it
you now anu advanced towards him.
Burnsides at that moment got hold OF
defendant, also. he said, and that it
was during the struggle the pistoi went
off
PETER MORAN said he never threat
ened TO kick the heart out of BagIey. to
strike pick at him, or "send him to
bloody hell" Never threatened to kill
him, did not strike him in the face that
evening.
Mr.. BURNsIDEs-I saw blood or the
under lip OF defendant after the strug-
gle: did not see Moran strike him.
MIR. CampbelI-Saw blood on lips of
defendant after the shooting.
Prosecution rest, defense rest, argu-
ments proceeded with, and the Case
went to the jury this afternoon.